Thank you for visiting this website (the “Site”). The Site is offered by Endless Studios LLC (“Endless”, “we” or “us”). Through this Site, we aim to support individuals who want to make games and learn to make games. Accordingly, we have adopted these Terms of Use (the “Terms”) for this Site. The full Terms include our Privacy Policy.
By using the Site or clicking a box that states that you accept these Terms, you signify your agreement to the full Terms, including those contained in the applicable documents described above, which are incorporated herein by reference. If you do not agree to the Terms, you may not use the site and should discontinue your use of it immediately.
These Terms are effective as of June 24, 2022. These Terms may be updated at any time in our discretion by posting the amended terms here. Your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. We may, in our sole discretion, elect to warn you if you have been found in violation of these Terms and retain the right and may at any time, discontinue or modify the Site or any part thereof, or may discontinue or modify your use of the Site, with or without notice to you at any time. You agree that you do not have any rights in the Site and that your use of the Site does not create any such rights in the Site. We will have no liability to you if the Site is modified, discontinued or your ability to access it is terminated.
OWNERSHIP OF SITE
This Site is owned and operated by Endless Studios LLC, with offices at 4340 E Indian School Road, Suite 21-595, Phoenix, Arizona, 85018, USA. Endless and/or its parent, subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively “Endless Parties”) own the copyright in all elements of this Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of this Site (collectively, “Site Content”) include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content. All trademarks, logos, service marks and trade names displayed on the Site or on Site Content are registered or unregistered trademarks of Endless and/or the Endless Parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site.
USE OF SITE CONTENT
Except as specifically stated on the Site, you may access and view the Site Content only for your personal, noncommercial use on a personal computer or other Internet-capable device to enable you to use the Site, provided that you do not remove or alter any copyright or other legal notices from any Site Content. You may not (except where we have given you express permission to do so or you are otherwise permitted to do so by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
CONSIDERATION
You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with these Terms.
USER SUBMISSIONS
With the exception of content you contribute to game making projects accessed through the site, each of which is governed by its own submission policies, if you post, upload, transmit or submit any materials, content, information or ideas to Endless (“Your Content”), (i) you represent and warrant that Your Content is original to you, that no other party has any rights to Your Content, and that any “moral rights” in Your Content have been waived, and (ii) you grant to Endless a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works from, sell and otherwise use Your Content for any purpose Endless chooses, commercial or otherwise, in its sole discretion, without any compensation to you. We cannot be responsible for maintaining Your Content that you provide to us, and we may delete or destroy Your Content at any time.
PROHIBITED USER CONDUCT
You warrant and agree that, while accessing or using the Site you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the Challenge, Endless or Endless Parties;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site Content, materials or services;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Site or its services in violation of the intellectual property or other proprietary or legal rights of Endless or the Endless Parties or any third party;
- use the Site or its services in violation of any applicable law or attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
- You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.
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LINKS FROM THE SITE TO THIRD-PARTY SITES
As a convenience for users, this Site may contain links to Internet sites maintained by third parties. Endless does not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising or other materials that may be found on the third party sites. When you link to the third party sites, you become subject to their terms of use and privacy policy rather than ours. You assume sole responsibility for your use of these links and the third party sites, and any reliance on the contents of such a third party site is at your own risk. We do not accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any third party sites to which this Site is linked.
LINKS TO THE SITE FROM THIRD-PARTY SITES
You agree that if you include a link from any other web site to this Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Site in any manner such that this Site, or any page of this Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to this Site be discontinued, and to revoke your right to link to this Site from any other web site at any time upon written notice to you.
INDEMNIFICATION
You agree to indemnify and hold harmless Endless and the Endless Parties from and against any claims, liabilities and expenses (including reasonable legal fees) that may arise from your use of this Site in any way or from your breach of the terms of this Agreement.
COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Michael Angst, Endless Studios, 4340 E Indian School Road, Suite 21-595, Phoenix, Arizona 85018, USA; email: support@endlessstudios.com.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Endless makes no representations about the reliability of the features of the Site, its content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Endless makes no representations regarding the amount of time that any content or Your Content will be preserved on the Site.
You represent and warrant that your use of the Site shall be in compliance with any applicable laws, rules and regulations of any governmental authority and that you will abide by obligations.
THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL E-LINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL E-LINE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND E-LINE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITES'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL E-LINE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS
Both you and Endless acknowledge and agree that no partnership is formed and neither of you nor Endless has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of California, United States. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Endless, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Endless regarding the use of the Site.
HOW TO CONTACT US
If you have questions or concerns regarding these Terms, you can contact us via email at support@endlessstudios.com or at
Endless Studios
4340 E Indian School Road
Suite 21-595
Phoenix, AZ 85018
USA
